1 Introduction
Reform of the planning system
1. The Planning Act 2008 introduced a new
system for issuing planning consent for nationally significant
infrastructure projects (NSIPs) to be administered by a new body,
the Infrastructure Planning Commission (IPC).[1]
It was intended that the IPC would be guided in its decisions
by National Policy Statements (NPSs) which would provide clarity
on the main issues that the IPC should take into account when
considering planning applications. It is now proposed by the Government—in
the Localism Bill—that the IPC will shortly be abolished
and decisions will then be taken by the relevant Secretary of
State, with advice from a new Major Infrastructure Planning Unit
(MIPU).[2] The NPSs are
intended to set out national policy on key strategic planning
topics, including energy policy areas, and to provide certainty
for potential investors about the long-term policy environment.
2. In this report we consider the Government's revised
proposals for six energy NPSs. These are:
- Overarching National Policy
Statement for Energy (EN-1);
- National Policy Statement for Fossil Fuel Electricity
Generating Infrastructure (EN-2);
- National Policy Statement for Renewable Energy
Infrastructure (EN-3);
- National Policy Statement for Gas Supply Infrastructure
and Gas and Oil Pipelines (EN-4);
- National Policy Statement for Electricity Networks
Infrastructure (EN-5); and
- National Policy Statement for Nuclear Power Generation
(EN-6).
3. Before the NPSs can be used to guide the determination
of planning applications, they must be "designated",
in these cases by the Secretary of State for Energy and Climate
Change. It is a requirement under the Planning Act 2008, that
prior to designation (i.e. coming into effect) each NPS must be
subject to:
- public consultation;
- an Appraisal of Sustainability; and
- parliamentary scrutiny.[3]
Consultation and parliamentary
scrutiny 2009-2010
4. The six draft National Policy Statements on energy
(NPSs) were first published for consultation in November 2009.
Section 9 of the Planning Act 2008 requires a period of Parliamentary
scrutiny of the NPSs. On 10 November 2009 the Liaison Committee
National Policy Statements Sub-Committee designated the Energy
and Climate Change Committee to consider the draft energy NPSs
as the main element of the parliamentary scrutiny stage in the
House of Commons. Our predecessor Committee examined these original
draft NPSs in detail between January and February 2010. It received
written and oral evidence from a wide range of organisations.
The Committee published its Report on 23 March 2010 with a significant
number of recommendations for changes to the NPSs and the designation
procedure.[4]
5. The House of Lords debated the draft NPSs in its
Grand Committee on 23 February 2010 and 9 and 11 March 2010.[5]
Following the Grand Committee debates, Members of the House of
Lords laid resolutions to amend some of the NPSs. A debate was
held in the House of Lords on 29 March 2010, but all five motions
were withdrawn.[6]
6. The Government published a response to the House
of Lords debates and to our predecessor Committee's Report in
October 2010.[7]
Publication of the revised draft
National Policy Statements on Energy
7. As a result of comments received in response to
its consultation, the Government made changes to the draft NPSs
and in particular to the accompanying draft Appraisals of Sustainability
(AoSs). Revised versions of both the NPSs and the AoSs were published
for public consultation on 18 October 2010, with the deadline
for responses set at 24 January 2011. The Government has given
an undertaking that prior to designation, each NPS will in future
be subject to a formal ratification process in Parliament. The
proposals for how this will be done are contained in the Localism
Bill, published in December 2010. Prior to those proposals being
enacted, if Parliament agrees them, the Government has indicated
that it will seek a non-statutory resolution of the Commons before
designation of any NPS in its final form. It acknowledges that
further revision of the revised proposals for the six energy-related
NPSs may be necessary before the final version is put before Parliament
for debate and votes on the individual statements.[8]
Designation, if they are approved by Parliament, is planned for
Spring 2011.
8. The Government held three national events on the
revised draft energy NPSs in Bristol, Manchester and London. These
events were intended to explain to the public the changes that
had been made to the original draft NPSs, to hear views on the
changes, and to encourage people to respond to the consultation.[9]
PARLIAMENTARY SCRUTINY OF THE REVISED
DRAFT NATIONAL POLICY STATEMENTS ON ENERGY
9. On 28 October 2010, the Liaison Committee re-designated
the current Energy and Climate Change Committee to consider the
revised draft energy NPSs. We decided to focus our scrutiny on
the changes made to the NPSs and AoSs and took oral evidence from
Charles Hendry MP, Minister of State, and officials, Department
of Energy and Climate Change, Friends of the Earth, the RSPB,
the Campaign for the Protection of Rural England, the Renewable
Energy Association, the UK Business Council for Sustainable Energy,
the Royal Town Planning Institute, the Nuclear Industry Association
and Peter Atherton, Head of European Utility Sector Research for
Citigroup Global Markets. We also received written evidence from
the Stop Hinckley Campaign and RenewableUK.
10. During our inquiry, in response to our predecessor's
recommendation,[10] the
Government scheduled a debate on the draft energy NPSs on 1 December
2010.[11] This helped
inform our deliberations. We are grateful to all those who gave
evidence to us or took part in the House of Commons debate.
1 Planning Act 2008, section 1 Back
2
See paragraphs 46-51 below. Back
3
Planning Act 2008, sections 5-7 Back
4
Energy and Climate Change Committee, Third Report of Session 2009-10,
The proposals for national policy statements on energy,
HC 231-I Back
5
HL Deb, 23 February 2010, cols GC247-292, HL Deb, 9 March 2010,
cols GC45-92, HL Deb, 11 March 2010, cols GC135-182 Back
6
HL Deb, 29 March 2010, cols 1191-1225 Back
7
Department of Energy and Climate Change, The Government's response
to Parliamentary Scrutiny of the draft National Policy Statements
for Energy Infrastructure, October 2010 Back
8
HC Deb, 1 December 2010, cols 910, 926 Back
9
Ev 37 Back
10
HC (2009-10) 231, para 5 Back
11
HC Deb, 1 December 2010, col 889 Back
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